§13709 Procedures for Resolving Claims Involving Unfiled, Negotiated Transportation Rates

Summary

You can choose a special way to settle if a motor carrier or freight forwarder tries to collect a higher rate than the one you were billed. To use these rules you must show the carrier offered you a different rate than the one on file, you gave them the freight relying on that offer, the carrier did not properly file the rate or sign a contract, and then billed and collected the lower rate but now demands the higher filed rate. If there is a fight about whether the carrier stopped hauling to avoid the rule, a court decides. If there is a fight about which rate applied, the Board decides. While those disputes are being decided, you do not have to pay more. If each shipment weighed 10,000 pounds or less, you may pay 20% of the difference between the filed rate and the rate you paid. If each shipment weighed more than 10,000 pounds, you may pay 15% of the difference. If you are a public warehouseman, you may pay 5% of the difference. If you do not use these options you can keep other legal rights, including those that existed before January 1, 1996. You must tell the carrier you choose one of these options. Normally you can choose at any time, but special deadlines applied in late 1993 and early 1994: if the carrier first demanded payment after December 3, 1993 and told you about these rules, you had to choose by the later of 60 days after filing an answer to a suit or March 5, 1994; if the carrier sued before December 4, 1993 and then told you, you had 90 days after notice; if the carrier demanded before December 4, 1993 without suing and then told you, you had the later of 60 days after filing an answer or March 5, 1994. Small businesses (as defined in the Small Business Act), 501(c)(3) tax-exempt organizations, and shipments of recyclable materials (waste products reused or recycled to support pollution control programs) are not liable for the difference between the filed rate and the billed rate.